State v. Chase
2013 Ohio 2347
Ohio Ct. App.2013Background
- Officer observed Chase drive at night without headlights; stopped Chase when he pulled into a gas station.
- Officer smelled raw marijuana from the vehicle shortly after approaching Chase.
- Chase was questioned and a pat-down began; a struggle ensued and Chase fled, leading to a pursuit and taser use.
- Chase was searched after arrest; crack cocaine, heroin capsules, and other contraband were found on his person and in the vehicle.
- Identity confusion at the hospital and license check revealed outstanding warrants; suppression motion denied, leading to multiple convictions.
- Appeal challenges the stop and searches as unlawful; court upheld the suppression ruling to affirm the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop based on reasonable suspicion? | Chase argues no credible basis for stop; only after station arrival could be deemed legitimate. | Chase contends the stop was pretextual and unlawful. | Stop found lawful; reasonable suspicion supported. |
| Does the automobile exception justify vehicle search? | Chase argues no probable cause to search vehicle. | Farkas smelled raw marijuana; probable cause existed to search. | Automobile exception justified search of vehicle. |
| Was the pat-down and weapon search permissible? | Pat-down was not properly justified beyond the stop. | Plainly, safety and odor of marijuana justified a weapons search before vehicle seizure. | Protective pat-down prior to cruiser placement reasonable; exceptions apply. |
| Was the arrest/search incident valid after the struggle and flight? | Arrest and search invalid due to unlawful stop and seizure. | Probable cause to arrest existed from the assault and resistance; search incident valid. | Search incident to arrest valid; probable cause established. |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (reasonable, articulable suspicion for brief detentions)
- Chimel v. California, 395 U.S. 752 (1969) (search incident to arrest scope)
- Pennsylvania v. Mimms, 434 U.S. 106 (1977) (driver pat-down precautions during stop)
- Moore v. Ohio, 90 Ohio St.3d 47 (2000) (odor of marijuana sustains probable cause; automobile search)
- Lozada, 92 Ohio St.3d 74 (2001) (limited protective searches for weapons during stops)
- Maryland v. Dyson, 527 U.S. 465 (1999) (exigency in automobile searches)
- Pennsylvania v. Labron, 518 U.S. 938 (1996) (mobility of automobile and probable cause)
- Michigan v. Thomas, 458 U.S. 259 (1982) (probable cause persists after vehicle immobilization)
- United States v. Robinson, 414 U.S. 218 (1973) (search incident to lawful arrest)